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2013/11/06 Council Agenda Packet
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2013/11/06 Council Agenda Packet
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Council Agenda Packet
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11/6/2013
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2 <br />next judicial day to the appropriate law enforcement agency specified in the <br />order. Upon receipt of the copy of the order, the law enforcement agency shall <br />enter the order for one year unless a different expiration date is specified on the <br />order into any computer -based criminal intelligence information system available <br />in this state used by law enforcement agencies to list outstanding warrants. <br />Entry into the computer -based criminal intelligence information system <br />constitutes notice to all law enforcement agencies of the existence of the order. <br />The order is fully enforceable in any jurisdiction in the state. <br />F. 1. When a defendant is found guilty of stalking, as defined in EMC 10.16.050 or <br />RCW 9A.46.110, or any other stalking related offense under RCW 9A.46.060 and <br />a condition of the sentence restricts the defendant's ability to have contact with <br />the victim, and the victim does not qualify for a domestic violence protection order <br />under chapter 26.50 RCW, the condition shall be recorded as a stalking no - <br />contact order. <br />2. The written order entered as a condition of sentencing shall contain the court's <br />directives and shall bear the legend: "Violation of this order is a criminal offense <br />under chapter 26.50 RCW and will subject a violator to arrest. You can be <br />arrested even if any person protected by the order invites or allows you to violate <br />the order's prohibitions. You have the sole responsibility to avoid or refrain from <br />violating the order's provisions. Only the court can change the order." <br />3. A final stalking no -contact order entered in conjunction with a criminal <br />prosecution shall remain in effect for a period of five years from the date of entry. <br />4. A certified copy of the order shall be provided to the victim at no charge. <br />G. A knowing violation of a court order issued under subsection A, B or F of this <br />section is punishable under EMC 10.22.040. <br />H. Whenever a stalking no -contact order is issued, modified, or terminated under <br />subsection A, B or F of this section, the clerk of the court shall forward a copy of <br />the order on or before the next judicial day to the appropriate law enforcement <br />agency specified in the order. Upon receipt of the copy of the order, the law <br />enforcement agency shall enter the order for one year unless a different <br />expiration date is specified on the order into any computer -based criminal <br />intelligence information system available in this state used by law enforcement <br />agencies to list outstanding warrants. Entry into the computer -based criminal <br />intelligence information system constitutes notice to all law enforcement agencies <br />of the existence of the order. The order is fully enforceable in any jurisdiction in <br />the state. Upon receipt of notice that an order has been terminated under <br />subsection B or this section, the law enforcement agency shall remove the order <br />from the computer -based criminal intelligence information system. <br />Section 3: Title 10 of the Everett Municipal Code (Ordinance No. 1145-85) is hereby <br />amended by the addition of the following section: <br />Stalking No -Contact Order — Law Enforcement Duties <br />3 <br />8 <br />
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